2017 (9) TMI 1904

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....cate CD: Shri P. Jesus Morisravi, Advocate JUDGMENT K. Anantha Padmanabha Swamy, Under Consideration is a Company Petition filed by OPG Metals Private Limited (in short, 'Petitioner/Operational Creditor') against Pavai Alloys & Steels Private Limited (in short, 'Respondent/Corporate Debtor') under section 9 of the Insolvency and Bankruptcy Code 2016 (In short, 'IB Code 2016') r/w Rule ....

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....r the IB Code 2016 has accepted and not disputed the quantity and quality of the products supplied against various purchase orders. Subsequently several orders were made by the respondent and the petitioner made deliveries of the same on credit basis. 5. It is further submitted that part payments were received from the respondent towards the outstanding invoices on regular basis but the respond....

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....hri P. Jesus Morisravi, the learned counsel appearing on behalf of the Respondent/CD vehemently opposed the contentions raised by the counsel for the petitioner and submitted that the instant petition is false and not maintainable either in law or on facts. He submitted that he does not want to go into the merits of the case but would argue on limitation point and suppression of material fact. ....

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....e, the learned counsel for the respondent finally submitted that the petition should be rejected at threshold for suppression of this material fact. 9. After hearing submissions of the counsel for the petitioner and respondent and having perused the record, it is clear that as per submissions of the petitioner's counsel, the date of last invoice was raised on 09.10.2013, therefore the claim....